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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Health
Nut. The collective work includes works that are licensed to Health Nut.
Copyright 2003, Health Nut ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with Health Nut or purchasing Health
Nut products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Health
Nut or to purchase Health Nut products. Any other use, including but
not limited to the reproduction, distribution, display or transmission
of the content of this site is strictly prohibited, unless authorized by
Health Nut. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Health Nut used in the
site are trademarks or registered trademarks of Health Nut
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Health Nut
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Health Nut does not represent or warrant
that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the
server that makes the site available are free of viruses or other
harmful components. Health Nut does not make any warrantees or
representations regarding the use of the materials in this site in terms
of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Health
Nut shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Health Nut has been
advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In
the event that a Health Nut product is mistakenly listed at an
incorrect price, Health Nut reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Health Nut
reserves the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is
cancelled, Health Nut shall issue a credit to your credit card account
in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Health Nut
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Health
Nut may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided
to Health Nut.
Miscellaneous
Your use of
this site shall be governed in all respects by the laws of the state of
California, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Health Nut products)
shall be in the state or federal courts located in Los Angeles County,
California. Any cause of action or claim you may have with respect to
the site (including but not limited to the purchase of Health Nut
products) must be commenced within one (1) year after the claim or cause
of action arises. Health Nut's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. Health Nut may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
Use of Site
Harassment in any manner
or form on the site, including via e-mail, chat, or by use of obscene
or abusive language, is strictly forbidden. Impersonation of others,
including a Health Nut or other licensed employee, host, or
representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish
through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.
Participation Disclaimer
Health
Nut does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Health Nut is merely
acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities on
the site. However, Health Nut reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to Health
Nut in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Health Nut, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your
account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, Health Nut may
link to sites operated by third parties. However, even if the third
party is affiliated with Health Nut, Health Nut has no control over
these linked sites, all of which have separate privacy and data
collection practices, independent of Health Nut. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, Health Nut seeks to protect the integrity of its web
site and the links placed upon it and therefore requests any feedback on
not only its own site, but for sites it links to as well (including if a
specific link does not work).
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